People v. Vacca

Opinion

YEGAN, J.

Larry Jack Vacca appeals from the judgment entered following a jury trial that resulted in his conviction of assault with a firearm on a peace officer in which he personally used a firearm (Pen. Code, §§ 245, subd. (d)(1), 12022.5). He contends: “I. The trial court erred by failing to exercise its discretion as to whether to impose the firearm use enhancement^] [^Q II. The trial court erred in selecting the upper terms for the substantive offense and the enhancement[.] [*]D III. The trial court erred in its determination of the presentence custody credits[.]” We affirm.

On June…